LCR23256

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00054244 (CA-00066314-002  IR-SC-00003202)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 16th May 2025 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 14th May 2025 the Adjudication Officer issued the following Recommendation:

“Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

IR - SC – 00003201:

Considering the foregoing, I recommend that a payment of €5,000 to the Worker be made by way of compensation for the inordinate and inexplicable delays in the Employer’s investigation of her complaint.

IR - SC – 00003202:

Considering the foregoing, I recommend that the Worker await the decision from the Divisional Officer, who will decide following receipt of the report from the CMO, if she should have her sick leave classified under the special administrative Code, used by the Employer in cases of “Injury on Duty”.” 

A Labour Court hearing took place on 23rd April 2026.

DETERMINATION:

Background to the Appeal

This matter has come before the Court by way of appeal and cross-appeal from a Recommendation of an Adjudication Officer (ADJ-00054244, dated 14th May 2025) under section 13 of the Industrial Relations Act 1969. The Adjudication Officer made a recommendation in respect of two related complaints under the Act: CA-00066314-001 and CA-00066314-002, each of which has been appealed by both parties. The Court heard the appeal in Dublin on 23rd April 2026.

The Worker is a serving Member of An Garda Siochana. She is currently on long-term sick leave, classified under Garda Code 11.37 as arising from an Injury on Duty. An Garda Siochana (‘the Employer’) has in place a comprehensive dignity at work policy, agreed with the representative organisations: ‘Working Together to Create a Positive Working Environment’ (‘WTCPWE/’the Policy’)).

CA-00066314-001 is dealt with in Determination LRC23255.

CA-00066314-002

The Worker had issued a prior complaint under the Policy alleging sexual harassment by a colleague with whom she was on duty on 23rd October 2022. Following that incident (and the issues that gave rise to the complaint referred to in CA-00066314-001 above), the Worker was absent on certified sick leave on the following dates: 5th to 16th November 2022; 8th to 18th May 2023; 17th to 20th June 2023; 9th to 10th October 2023 and from 4th May 2024 to date.

On 6 June 2024, the Worker applied to have her illness classified as Injury on Duty under Garda Code 11.37. The Worker was subsequently referred to an Occupational Health Specialist and to a Consultant Psychiatrist. The Worker’s illness was confirmed to be linked to the events that had given rise to her complaints under the Policy. The Worker eventually received payment retrospectively on 17 July 2025 in respect of the majority of her certified absences under Code 11.37. Payment for a small number of days remains outstanding and is currently being processed following receipt of additional supporting documentation by the Worker.

Discussion and Decision

The Court accepts that the Complainant’s application under Code 11.37 was not dealt with as expeditiously as it might have been and that this caused some hardship for the Worker. However, the Court does not recommend the payment of compensation in the circumstances.

The Worker had issued a prior complaint under the Policy alleging sexual harassment by a colleague with whom she was on duty on 23rd October 2022. Following that incident (and the issues that gave rise to the complaint referred to in CA-00066314-001 above), the Worker was absent on certified sick leave on the following dates: 5th to 16th November 2022; 8th to 18th May 2023; 17th to 20th June 2023; 9th to 10th October 2023 and from 4th May 2024 to date.   On 6 June 2024, the Worker applied to have her illness classified as Injury on Duty under Garda Code 11.37. The Worker was subsequently referred to an Occupational Health Specialist and to a Consultant Psychiatrist. The Worker’s illness was confirmed to be linked to the events that had given rise to her complaints under the Policy. The Worker eventually received payment retrospectively on 17 July 2025 in respect of the majority of her certified absences under Code 11.37. Payment for a small number of days remains outstanding and is currently being processed following receipt of additional supporting documentation by the Worker.  

Discussion and Decision

The Court accepts that the Complainant’s application under Code 11.37 was not dealt with as expeditiously as it might have been and that this caused some hardship for the Worker. However, the Court does not recommend the payment of compensation in the circumstances.

	Signed on behalf of the Labour Court
	Alan Haugh
JNF	______________________
21/05/2026	Deputy Chairman

NOTE

Enquiries concerning this Determination should be in writing and addressed to Julie Nicholl-Flood, Court Secretary.